Trespass Law

[BenCooper]

I thought I'd make a start on what could be a sticky on trespass law - just so everyone knows what they're getting themselves into :)

Disclaimer: This information is provided with no guarantee of accuracy, and does not represent a legal opinion - if in doubt, consult a solicitor.

Civil Trespass: Civil trespass, also known as "simple" trespass, is not a criminal offence in the UK. You cannot be arrested for civil trespass, though police may attend if there's a possibility that another offence has been committed or will be committed. In England and Wales, you can be sued by the landowner in a civil court for trespass, in Scotland you can only be sued if actual damage was caused. Repeat trespass could be prevented if a landowner takes out an injunction, but this is unlikely in urbex situations.

Aggravated Trespass: This applies to trespass committed with the intent to intimidate or disrupt people taking part in a lawful activity. If you trespass on a golf course to move the flags, it's aggravated trespass. Generally, this does not concern urbexers. You cannot be prosecuted for aggravated trespass where there is no activity to disrupt, so it does not apply to derelict sites. It would only apply to live sites if you intended to cause disruption.

Criminal Trespass: One type of this offence applies to a specific list of sites, including defence sites, nuclear power stations and royal palaces. The full list can be found here (http://www.legislation.gov.uk/uksi/2007/930/contents/made). Another type applies to sites where bye-laws forbid trespass - these include MOD property, railway property, and perhaps other sites like power stations. There is no centralised list of bye-laws, unfortunately, but this site (http://www.mod.uk/DefenceInternet/MicroSite/DE/OurPublications/Byelaws/RegionalMapV4.htm) lists MOD bye-laws. A third type of criminal trespass applies to Sites of Special Scientific Interest.
From an urbex point-of-view, it is a good idea to stay away from any active military, nuclear, royal, utility or railway property - pretty much common sense.

Burglary: This applies to trespass with intent to steal, commit criminal damage, rape or inflict GBH. All the police need to do to justify arrest is to show that they reasonably expected that you had intent to commit one of these acts. Intent could cover such things as carrying tools, carrying a "swag" bag, or theoretically even taking pictures of valuable objects. It is unlikely that you would be charged, however, unless you did actually steal or cause criminal damage. From an urbex point-of-view, it is important to do nothing which would give the police any idea that you are there to do anything other than take pictures. Burglary can also be called Breaking and Entering or Housebreaking.

Theft: This should be blatantly obvious. It is a criminal offence to take anything which belongs to someone else. From an urbex point-of-view, it is a very bad idea to take anything whatsoever from any site. As an aside, it has been ruled that theft does not apply to information - photographing documents, plans, or indeed sites would not be classed as theft - though data protection, copyright or official secrets legislation may apply to some types of information.

Criminal Damage: This is where someone intentionally or recklessly causes damage to another person's property, or intends to do such damage. It covers such things as graffiti, arson, and vandalism. Intent includes posessing an item with the intention to use it to damage or destroy property - carrying a chisel for levering open windows, for example. From an urbex point-of-view, this means that you should never do any damage. Case law is mixed on details - for example temporarily unscrewing a panel to get in, then replacing it afterwards may not count as damage, but it's certainly not advisable.

Breach of the Peace: This is a very wide-ranging offence, covering any activity liable to cause distress or alarm to a member of the public. This could include refusing to leave a site when asked by security, or perhaps even showing off - swinging from a bridge, for example. In Scotland, the definition also includes "annoyance", making it even wider-ranging. From an urbex point-of-view, being polite and civil and leaving when asked will avoid most problems under this law.

Manufacture and Storage of Explosives: MSER 2005 covers any site used for the manufacture and/or storage of explosives, including fireworks. This makes it an offence to enter any site covered by MSER. Sites are covered by MSER until the Health & Safety Executive has determined that there are no explosives or explosives residues left on the site. From an urbex point-of-view, this covers any ordnance factories or explosives manufacturing sites that are still live, or which have not been completely decommissioned, and visiting them is not to be recommended.

This is a start - any more ideas or corrections would be welcome...

[Bunk3r]

Breach of Peace –Not really an issue unless you kick up a fuss or a scene, but note if for example you climb a bridge and they have to close it then you have become a noticeable nuisance.

Vagrancy Act- normally quoted as “been in an enclosed (/inclosed) place”. Another one used to take people down to the station for the night, note the law http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Vagrancy+Act&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=1029462&ActiveTextDocId=1029464&filesize=52710 actually states “for any unlawful purpose”. That should be a get out clause and the fact that you (probably) aren’t a vagrant.

Also note that what ever the law is, the police may take you away and keep you in overnight. They may try to pin stuff on you or just give you a night in the cells then release without charge on a “you wasted out time so we’ll waste yours”.

[Ordnance]

A little research into the area you intend to 'explore' should tell you if it is covered by Laws of Trespass other than 'Common Law'

If a policeman wants to hold you he can of course arrest you for any of the above and a good few others which vaguely matches the situation! Its called 'Arrest without Warrant' and telling him you know your rights will make no differance whatsoever. He can do this just by seeing you walking down the street dressed in combats with a rucksack and coil of rope!

Arresting a suspect (Arrest without a warrant)

Must have reasonable and probable grounds to arrest a suspect. [Ho Ho Ho]

If reasonable and probable grounds exist:

Arrest the suspect
Specify the offence [Can be changed later anyway and is known as the Holding Offence]
Advise of rights and caution
Search the suspect incidental to arrest and collect:
Weapons
Evidence
Tools of Escape or Self Injury (err well everything really including your shoes & belt)
Handcuff if necessary. [or just to be bloody minded]

You can't be kept at a police station for more than 24 hours without being formally charged, although this can be extended to 36 hours with the authority of a police superintendent, and longer with the authority of a magistrate. [still without charge, but at least now PC Plod needs to explain himself]

The one exception is for arrests under the Terrorism Act, where you can be held without charge for up to seven days. Then you must be seen by a magistrate.

[ND878]

Two things to be aware of (1) BTP are not like the normal old bill, they WILL Prosecute you, full stop, no argument because they are quite busy these days and will not take kindly to having to deal with you, so they are not in the mood to issue a warning, and (2) there are a number of security issues affecting the railways right now. If (when) you get caught, you can expect to spend some time in a cell and your house/flat WILL be thoroughly searched. You could also well find yourself the wrong side of a S43/S44 stop and search because you have no excuse for being where you are and you will be treated as either on the rob, or sussing the place out for whatever reason.

[Treadstone]

http://www.homeoffice.gov.uk/about-us/publications/home-office-circulars/circulars-2007/018-2007/

Also useful PACE on powers of stop and search http://www.uk-legislation.hmso.gov.uk/RevisedStatutes/Acts/ukpga/1984/cukpga_19840060_en_2#pt1-l1g1 Worth reading 3 (3) over and over - you don't have to give your name if searched.

(That site is a good place to read Section 43 and 44 (and 58) of the terrorism act

And finally home office on harassing photographershttp://www.homeoffice.gov.uk/about-us/publications/home-office-circulars/circulars-2009/012-2009/

[Treadstone]

This is a problem where the law contradicts itself. Because under the 9 necessity reasons for arrest, failure to give name and address is one of them.

Not quite. Section 24 - as updated reads.
(1)A constable may arrest without a warrant—.
(a)anyone who is about to commit an offence;.
(b)anyone who is in the act of committing an offence;.
(c)anyone whom he has reasonable grounds for suspecting to be about to commit an offence;.
(d)anyone whom he has reasonable grounds for suspecting to be committing an offence.
(2)If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it..
(3)If an offence has been committed, a constable may arrest without a warrant—.
(a)anyone who is guilty of the offence;.
(b)anyone whom he has reasonable grounds for suspecting to be guilty of it.

So that's all the permutations of timing, actually committing and reasonable grounds for suspecting. Trespass (in most circumstances) is not something for which you can be arrested. Preparing to or having stolen from or damaged it you could be arrested.

But it goes on:
the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.

Which is where the reasons come in. If you have committed an arrestable offence and won't give your name you should expect to be arrested. Even when arrested you do not have to say anything.

[Bunk3r]

if one were to climb the massive gas tower they've had their eye on for years that's in their town would that constitute criminal tresspass and being raped by a policeman?

I've read it before but didnt want to say so without a link so heres a link http://www.trespasslaw.co.uk/exceptions_to_the_rule.html though its clearly not a definitive source. dont get caught.

[Waeffe]

Here is the info according to CAB (Citizens advice Bureau)....




Trespass

If there is no right of way or other legal right of access, a person entering another person's land without her/his express or implied permission is trespassing. Throwing an object on to land and shooting over land are also forms of trespass. However, causing noise or vibrations on another person's land are not trespass (although they might constitute a nuisance).


Trespass is not usually a criminal offence, except in certain circumstances. It is instead a tort, that is, a civil wrong and, unless the landowner can prove real damage to her/his property, s/he could probably only recover nominal damages by taking legal action. The trespasser might, however, have to meet the landowner's legal costs.



Criminal trespass

It is a criminal offence to trespass on certain types of land, for example, some military training land and railway land. In addition, it is an offence to trespass on a designated site. The Home Secretary may designate a site if it is Crown land or privately owned by the monarch or immediate heir to the Throne, or it is appropriate in the interests of national security.

Under the Criminal Justice and Public Order Act 1994, it is a criminal offence for two or more people to trespass on land if they have been requested to leave by the occupier of the land, or by someone acting on her/his behalf. This legislation is most commonly used by the police in relation to Gypsies and Travellers. The police can direct the trespassers to leave the land if:-

• any or all of the trespassers has caused damage to the land or property on the land; or

• any or all of the trespassers has used threatening, abusive or insulting behaviour or words towards the occupier, a member of her/his family, or her/his employee or agent; or

• the trespassers have, among them, six or more vehicles on the land; or

• there is a suitable pitch available on a caravan site in the local authority area.


If a person has been directed to leave the land by a police officer and s/he refuses to do so, or if s/he leaves but returns within three months, s/he commits the offence of criminal trespass.



Police Law

Aggravated trespass

A person commits an offence of aggravated trespass if s/he trespasses on land in the open air, and:-

• intimidates other people in order to deter them from engaging in a lawful activity; or

• obstructs or disrupts other people engaging in a lawful activity.


The police have the power to order a person whom they believe is committing, has committed or intends to commit aggravated trespass, to leave. The police are most likely to use this power in relation to hunt saboteurs. The order to leave must be given by the most senior police officer present. If the person fails to leave the land, or re-enters within three months, s/he commits a criminal offence.

In one case it was decided that people who had trespassed on land to deliberately damage genetically modified crops had not committed aggravated trespass. This decision was based on the fact that those who owned the crops were not present when the damage occurred, and that they were not, therefore, intimidated, obstructed or disrupted.



Trespassory assemblies

A trespassory assembly is an assembly of at least 20 people on land to which there is no or limited right of public access, which takes place without the permission of the owner or occupier of the land. The police have powers to prohibit such an assembly.

If the police believe that a trespassory assembly is to be held on land, and that it may result in either serious disruption to life in the community or significant damage to land, buildings or monuments of historical, architectural, archaeological or scientific importance, they can apply to the local authority for an order prohibiting it. A prohibiting order can last for up to four days and cover an area up to five miles around a specified point.

It is a criminal offence for someone to organise, take part in, or incite another person to take part in, an assembly that is subject to a prohibiting order.

The police can stop a person who they believe is on her/his way to a prohibited assembly anywhere within the area subject to a prohibiting order, and direct her/him not to proceed. If the person continues, s/he commits a criminal offence.



Hope that helps somewhat....


Waeffe

[Oxygen Thief]

I mean Military sites are a serious no go, but are UK rail lines a proper criminal offence?...

100% a criminal offence in it's own right. Just being there is enough with no other aggravation.

Last time I was caught the policeman waxed lyrical about legislation against individuals "being found in an enclosed space" and said it was really old legislation they've started using for that sort of situation. Can anyone elaborate or give me the name of the act?

It's the Vagrancy act 1824... http://www.legislation.gov.uk/ukpga/Geo4/5/83/section/4

"every person being found in or upon any dwelling house, warehouse, coach-house, stable, or outhouse, or in any inclosed yard, garden, or area, for any unlawful purpose;"

The filth will arrest you for it, but as you were not there for an unlawful purpose, it'll be a night in the cells and kicked out in the morning.

Here's how it's abused by the Police...

Last time I dealt with a trespasser we arrested him for "being found in an enclosed space" (Vagrancy act), removed him to a local police station and then de arrested him and sent him on his way. However normally the police have no powers to act

[Oxygen Thief]

Straight from the MOD...

http://www.mod.uk/NR/rdonlyres/C571C8A7-2568-44C4-BA6B-B0CCF288EBE7/0/jsp362_chap11.pdf

[Ordnance]

Straight from the MOD...

http://www.mod.uk/NR/rdonlyres/C571C8A7-2568-44C4-BA6B-B0CCF288EBE7/0/jsp362_chap11.pdf

Basically what I have been saying, 'most' MoD land is no different to any other case of 'Civil Trespass' it is only the more active bases that have currant bye-laws in place such as RAF Menworth Hill in North Yorkshire (and RAF Filingdales) which has one of the most secure perimeters in the UK with remote inferred & CCTV plus motion detectors! which can tell the differance between foxes, sheep & people! plus floodlights which can be turned on to supplement the Inferred cameras. The whole parimiter has a 5 minute reaction time (max) This harks back to the Greenham Common & Harrogate Womens Camps of which Harrogate lasted the longest! It still has a 5 mile exclusion zone (which used to also cover HMS Forest Moor and still does Pennypot Camp) which stops even travellers stopping overnight.

An Ammunition (Explosives) [such as DM Kineton] or Petroleum Depot [such DSDA Westmoors] or Compound or Active Military Airfield are covered by the same Acts of Parliament as their civilian equivalents, as are Military Railways & Ports. Large Storage Depots such as DSDA Donnington & DSDA Bicester (excludes RAF Bicester) are covered by thier own Bye-Laws

Abandoned camps are pretty low down on the MoD's agenda, and some are either already sold, or contracted out to private secuity.

Do not even take the presance of an armed patrol to think it has any greater powers. The guards have very strict 'rules of engagement' on the mainland UK as do armed police.

But like TBM says about the Railways, the MoD concentrats on its more Active Parts....

[Xan_Asmodi]

Just found a nice little PDF (http://www.bobw.co.uk/Uploads/CMS/Files/433/pdf%20Trespass.pdf) summarising tresspass law from Best of Both Worlds, outdoor pursuits website. I must stress though, this is aimed at walkers etc. but maybe useful for our purposes.

EDIT: Just found another one, HERE (http://www.lawteacher.net/PDF/Trespass%20to%20Land.pdf), about trespass to land.

Hope this helps!

[chiroptera]

Civic Government (Scotland) Act 1982:

57 Being in or on building etc. with intent to commit theft.

(1) Any person who, without lawful authority to be there, is found in or on a building or other premises, whether enclosed or not, or in its curtilage or in a vehicle or vessel so that, in all the circumstances, it may reasonably be inferred that he intended to commit theft there shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale or to imprisonment for a period not exceeding 3 months or to both.

Obviously this only applies to Scotland, don't know if there are similar laws in the rest of the UK.

[catbalou]

Civic Government (Scotland) Act 1982:



Obviously this only applies to Scotland, don't know if there are similar laws in the rest of the UK.


Well, its still all the same to me, until 'tweedle dum and tweedle dee' in government change the civil trespass into criminal trespass... (if it ever happens).
Basically, in my opinion a lot depends on the mood of the security/police who turn up to confront you.

I recently got details taken for simply 'sitting on a wall'... wasnt even in the grounds ffs.
:rolleyes:

[ex0]

I recently got details taken for simply 'sitting on a wall'... wasnt even in the grounds ffs. :rolleyes:

You must look the guilty type cat :p

[catbalou]

You must look the guilty type cat :p

it was probably my attitude really... since the conversation was kinda on the lines of "you're taking my details for wall-sitting? By, it must be quiet tonight for you if thats all you've got to report on..."

[Dempsey]

If you trespass on a golf course to move the flags, it's aggravated trespass. Generally, this does not concern urbexers.

Don't be so quick to assume ha ha!

[chiroptera]

Well, its still all the same to me, until 'tweedle dum and tweedle dee' in government change the civil trespass into criminal trespass... (if it ever happens).
Basically, in my opinion a lot depends on the mood of the security/police who turn up to confront you.

I recently got details taken for simply 'sitting on a wall'... wasnt even in the grounds ffs.
:rolleyes:

I'd say it's not all the same because police could charge you with "in building with intent to commit theft" even if you don't have any tools or other suspicious items with you - whereas for charging you with "going equipped" you would probably need to have some tools etc with you.

With regards to taking your details for 'sitting on a wall', that sounds pretty dodgy ...

In Scotland, police can take your details if they reasonably believe you have committed or witnessed an offence (section 13 Criminal Procedure (Scotland) Act), and they also have to tell you what offence it is. In England & Wales they can take your details if they think you've been involved in 'antisocial behaviour' (section 50 Police Reform Act).

[BenCooper]

Well, to get charges to stick, they would have to prove intent. That would be difficult if you were found with a camera gear, it'd be easy if you were found with a crowbar and a bag of swag.

[chiroptera]

Well, to get charges to stick, they would have to prove intent. That would be difficult if you were found with a camera gear, it'd be easy if you were found with a crowbar and a bag of swag.

Yes, I'm aware of that. Didn't mean they could actually take you to court, so it's nothing I'm concerned about. But getting charged is rather annoying because you'll be on bail for about a month, so it's obviously nicer not to get charged at all :)

[layz]

Civil Trespass: Civil trespass... you can be sued by the landowner in a civil court for trespass, in Scotland you can only be sued if actual damage was caused.

How likely is this, how many people here have been sued? I got a letter threatening legal action when I went to RAF Thurleigh the other day, I'm a little nervous if I'm completely honest.

[catbalou]

How likely is this, how many people here have been sued? I got a letter threatening legal action when I went to RAF Thurleigh the other day, I'm a little nervous if I'm completely honest.

It really depends on the landowner and how far they want to push it through the system.
Their solicitors will advise them how successful (if at all) a case would be if brought to court.
Also strengthens their case if they can pin any damage on you, or whether you were carrying anything to force entry/damage to property/theft..

Im currently waiting to see if anything comes of two separate incidents.. neither of which I had anything on me, well, apart from a camera.. but I'll cross that bridge when (or if) it happens. Landowner wants to press charges, due to the fact there was expensive equipment in there, but I'll wait to see what happens.

You could always enquire for legal advice now, since it was RAF grounds and not your usual run of the mill building explore... to see where you stand on it and possible outcomes.

[BenCooper]

I think you could be sued for the theoretical benefit you might have received from the trespass - i.e. If you had sold some images or something.

[layz]

It really depends on the landowner and how far they want to push it through the system.
Their solicitors will advise them how successful (if at all) a case would be if brought to court.
Also strengthens their case if they can pin any damage on you, or whether you were carrying anything to force entry/damage to property/theft..

Im currently waiting to see if anything comes of two separate incidents.. neither of which I had anything on me, well, apart from a camera.. but I'll cross that bridge when (or if) it happens. Landowner wants to press charges, due to the fact there was expensive equipment in there, but I'll wait to see what happens.

You could always enquire for legal advice now, since it was RAF grounds and not your usual run of the mill building explore... to see where you stand on it and possible outcomes.

I think you could be sued for the theoretical benefit you might have received from the trespass - i.e. If you had sold some images or something.



Thanks guys, appreciate the responces. :thumb

[Donnie]

Layz, did you give them your name / address?

[Ordnance]

You could always enquire for legal advice now, since it was RAF grounds and not your usual run of the mill building explore... to see where you stand on it and possible outcomes.

RAF Thurleigh is NOT MoD Property so civil trespass applies!

The southern part is now known as Thurleigh Business Park, which includes the runway, which is currently used for the mass storage of cars, The northern part houses the Bedford Autodrome, as well as Thurleigh Museum which is dedicated primarily to the airfield and life in the area during World War 2.

Chances of a summons is SLIM if the Police were not involved and you were not arrested for anything!

[True_British_Metal]

Does anyone know what the laws are on trespass on London Underground (as seen in Crack the Surface)? I.e. if I was to trespass on LU property to get to a disused station like Aldwych, where would I stand?

[Hidden]

Does anyone know what the laws are on trespass on London Underground (as seen in Crack the Surface)? I.e. if I was to trespass on LU property to get to a disused station like Aldwych, where would I stand?

Criminal I suspect, rail trespass?

[True_British_Metal]

Criminal I suspect, rail trespass?

I'd be interested to know if the guys who did the Crack the Surface video got arrested for doing Aldwych...

Also, just out of curiosity where would Mail Rail stand?

[Boba Low]

TBM Siolo's written about it all at length, it's an excellent read as ever too.

http://siologen.livejournal.com/

Right there at the top

[Ali_Explores]

Does anyone know what the laws are on trespass on London Underground (as seen in Crack the Surface)? I.e. if I was to trespass on LU property to get to a disused station like Aldwych, where would I stand?

We were lucky as the BTP major investigation team ended up giving us cautions, despite knowing that we'd trespassed at nearly every disused station, most lines, a couple of sidings and the mail rail. The more likely punishment if anyone was caught in the future is £1000 per trespass, and a criminal record. Also possible to get a suspended sentence in extreme cases. It really is up to them if it's a criminal offence... it's the grim reality.

the main answer to your question is a) In Goodge St police station for 22 hours or b) I don't think you have much to worry about.

[Ordnance]

Does anyone know what the laws are on trespass on London Underground (as seen in Crack the Surface)? I.e. if I was to trespass on LU property to get to a disused station like Aldwych, where would I stand?

See 'Transport for London Railway Byelaws' and the 'Transport for London Road Transport Premises Byelaws' ("the Byelaws")
which make it Criminal Trespass same as on NetWork Rail, who pay BTP's wages!

http://www.tfl.gov.uk/termsandconditions/5004.aspx [now in force]

In the run-up to the 2012 Olimpics things can only get tighter...

[Boba Low]

The question is, will the net ever loosen after them? I think not

[Horus]

Criminal Trespass: One type of this offence applies to a specific list of sites, including defence sites, nuclear power stations and royal palaces. The full list can be found here.

Link is timing out on me, is it just my internet connection?


Also does port law only apply for Wharf docks?

[BenCooper]

Timing out for me too - it seems very hard to get the list, I'll have a better look when I have more time. But basically it's everywhere you think it would be, for example:

Her Majesty’s Naval Base Clyde
Northwood Headquarters
RAF Brize Norton
RAF Croughton
RAF Fairford
RAF Feltwell
RAF Fylingdales
RAF Lakenheath
RAF Menwith Hill
RAF Mildenhall
RAF Welford
Royal Naval Armaments Depot Coulport
Sea Mounting Centre Marchwood

Port law applies to most active ports - there has to be a notice on the perimeter fence telling you.

[BenCooper]

Okay, thanks to the Wayback Machine, here's the full list:

The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) Order 2007 (S.I. 2007 No. 930)
Sections 128 to 131 of the Serious Organised Crime and Police Act 2005 (SOCAP), as amended by the Terrorism Act 2006, provide for the criminal offence of trespass on a protected site.



In England, Wales and Northern Ireland there are four categories of site the offence can be applied to:

i) Crown land;
ii) land privately owned by the Queen or the Prince of Wales;
iii) land requiring designation on the grounds of national security; and
iv) licensed nuclear sites.

The first three categories of site require a designation order to be made by a Secretary of State before the offence applies to them, whereas it applies automatically to all licensed nuclear sites. In Scotland there are only two categories of site, namely: land requiring designation on the grounds of national security and licensed nuclear sites.

This offence was created in response to a recommendation in the report by Commander Armstrong into an intrusion at Windsor Castle on 21 June 2003. He recommended that a new offence of criminal trespass at secure and specified royal and government premises should be considered. This was echoed by the Security Commission Report of May 2004 following revelations of a journalist’s activities at Buckingham Palace in 2003.

After careful consideration it was agreed that a new criminal offence was necessary for two reasons. Firstly, it would create a deterrent to intrusions at high profile, secure sites where such intrusions can pose a very real risk to security. Secondly, it would give the police a specific power of arrest of a trespasser at a sensitive site where no other apparent existing offence had been committed. This was something for which the police responsible for security at such sites had been lobbying.

On 1 April 2006 a designation order made on behalf of the Secretary of State for Defence came into effect designating 13 operational Ministry of Defence sites. The sites are listed below and full details are available at http://www.defence-estates.mod.uk/byelaws/Internet/Intro.html

* HMNB Clyde
* RNAD Coulport
* Northwood Headquarters
* RAF Fylingdales
* RAF Menwith Hill
* RAF Croughton
* RAF Lakenheath
* RAF Feltwell
* RAF Mildenhall
* RAF Brize Norton
* SMC Marchwood
* RAF Fairford
* RAF Welford

On 13 April 2006, following amendments made to sections 128 and 129 of SOCAP by section 12 of the Terrorism Act 2006, all licensed nuclear sites also became protected sites. Full details can be found at http://www.hse.gov.uk/nuclear/licensees/pubregister.pdf.
Civil Sites

* Sellafield, Cumbria,
* Dounreay, Scotland,
* Capenhurst, near Chester,
* Drigg, near Sellafield,
* Harwell, near Oxford,
* Springfields, near Preston,
* Windscale, within Sellafield,
* Winfrith, near Wool in Dorset,
* GE Healthcare sites in Amersham and Cardiff,
* London University’s Imperial College of Science and Technology site in Ascot, Berkshire,
* Berkeley, near Bristol,
* Scottish Universities Environmental Research Centre at Birniehill, East Kilbride,

and the following nuclear power station sites:

* Chapelcross, Dumfriesshire,
* Dungeness A, Kent,
* Dungeness B, Kent,
* Hartlepool, near Middlesborough
* Heysham 1 and 2, Lancashire,
* Hinkley Point A and B, Somerset,
* Hunterston A, Ayrshire,
* Hunterston B, Ayrshire,
* Oldbury, near Bristol,
* Sizewell A, Suffolk,
* Sizewell B, Suffolk,
* Torness, East Lothian,
* Bradwell, Essex,
* Calder Hall, within Sellafield,
* Wylfa, on Anglesey,
* Trawsfynydd, Dolgellau, Wales.

Defence Sites

* Atomic Weapons Establishments sites near Aldermaston and Burghfield, Berkshire,
* Devonshire Dock Complex, Barrow-in-Furness, Cumbria,
* Devonport Royal Dockyard, Plymouth,
* Rolls Royce Neptune site and Nuclear Fuel Production Plant in Derby
* Rosyth Dockyard, Fife.

On 1st June 2007 an order made on behalf of the Home Secretary designating the following 16 royal, governmental and parliamentary sites as protected sites will come into force (The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) Order 2007 (S.I. 2007 No. 930)):

* 85 Albert Embankment, London;
* Buckingham Palace, London;
* Ministry of Defence Main Building, Whitehall, London;
* Old War Office Building, Whitehall, London;
* St James’s Palace, Cleveland Row, London;
* Thames House, 11 and 12 Millbank, London;
* The Chequers estate, near Aylesbury, Buckinghamshire;
* 10 – 12 Downing Street site as well as 70 Whitehall;
* Government Communication Headquarters, Harp Hill, Cheltenham;
* Government Communication Headquarters, Hubble Road, Cheltenham;
* Government Communication Headquarters, Racecourse Road, Scarborough, North Yorkshire;
* Government Communication Headquarters, Woodford, Bude, Cornwall;
* Highgrove House, Doughton, Gloucestershire;
* Palace of Westminster and Portcullis House site, London;
* Sandringham House, Norfolk;
* Windsor Castle, Berkshire.

A copy of the S.I. is available on the Office of Public Sector Information (OPSI) website (new window)

S.I. 2007 No.930 has been amended by The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) (Amendment) Order 2007 (S.I. 2007 No. 1387), which will also come into force on 1 June 2007. This amendment order corrects a minor error in the original order in the designated area applying to the Chequers site.

Care has been taken to ensure that the boundaries of each site are permanent, continuous and clear to members of the public. Where possible they follow the existing physical boundary of the site. These boundaries will be marked with appropriate measures to ensure that members of the public are aware of the offence.

It is a defence for a person charged with this offence to prove that he or she did not know, and had no reasonable cause to suspect, that the site in relation to which the offence is alleged to have been committed was designated within SOCAP. In addition, the Attorney General will be required to give his or her consent to any prosecution. A person guilty of an offence under this section will be liable on summary conviction to a term of imprisonment not exceeding 6 months and/or a fine not exceeding level 5 on the standard scale.

And here's the latest working link to it: http://www.legislation.gov.uk/uksi/2007/930/contents/made

[nkyboy]

Under the MSER 2005 which relates to sights where explosives have been manufacturedand and stored, it does not state that a person is committing an offence by simply entering such a sight. However what it does do is place a legal responsibility on the owner of the sight to ensure that no unauthorised persons are present. Therefore the owner is legally required to ask any unauthorised person to leave immediately. If the said person fails to leave the owner is required to call the police to have the person removed. Hmmm..don't know if I would fancy seeing if this worked out in practice though.:

[BenCooper]

Sorry, but that is incorrect. Under MSER 2005 8(1), it is an offence to enter an explosives site. You face a £2000 fine. Read the guidance on section 8 here: http://www.hse.gov.uk/explosives/msercomment.pdf

[Donnie]

Ummm but that regulation applies to "sites used for the manufacture
and storage of explosive" i.e. active sites, not sites that "used to be" used for explosives.

[styru]

Ummm but that regulation applies to "sites used for the manufacture
and storage of explosive" i.e. active sites, not sites that "used to be" used for explosives.

The two things are exactly the same :rolleyes:

A site is covered by the same rules right up to the point at which it is deregulated - doesn't matter if its full of things that go bang, or an empty concrete shell.

[BenCooper]

Yup, until the HSE certifies that it's no longer an explosives site, then it's an explosives site - and that doesn't happen until the place has been completely decontaminated and stripped.

[Donnie]

suppose it's just my pedantic side then that is my undoing :-/

[squeezethatgap]

to crimanal tresspass you need add PORTLAND aswell

[styru]

to crimanal tresspass you need add PORTLAND aswell

What, the whole of Portland??

Pity, there's a cracking chippy there, 'Codfathers' crap name, great food, - guess that's off limits then :rolleyes:

[Oxygen Thief]

Damn I've sent one of our lorries there tomorrow, guess the drivers in for an unexpected shafting then...

[True_British_Metal]

Guys, I was wondering if you could help me out here. I'm looking at a live site which contains some great stuff on site that's derelict and been out of the public eye since as early as 1992. I've been here on an open day in 2007 but I was there for something else (I was very lucky to have been allowed to do what I did). I have since tried getting a permission visit but I was denied on H&S; no reference was made to the site being sensitive and off limits.

Basically what's putting me off is that the site is crown property; signs are posted round the site saying "Crown Property. Action will be taken against trespassers, by order dept. of the environment." That said I've checked the Home Office Website, checked the list of sites covered by the SOCAP act 2005 and nothing of the like is covered. Besides if you look at it and didn't KNOW it was owned by the government you wouldn't really bother worrying because why would there be anything sensitive there? Can anyone help?

PS. From the hints I've dropped in the text you'll probably know the site (indeed many of you will), but I don't want to name it here because I don't want the authorities to smell a rat.

[chiroptera]

Basically what's putting me off is that the site is crown property; signs are posted round the site saying "Crown Property. Action will be taken against trespassers, by order dept. of the environment." That said I've checked the Home Office Website, checked the list of sites covered by the SOCAP act 2005 and nothing of the like is covered. Besides if you look at it and didn't KNOW it was owned by the government you wouldn't really bother worrying because why would there be anything sensitive there? Can anyone help?


Genuinely no idea what site that could be. :confused

Sounds interesting though...

I'd guess if they only have signs along the lines of 'trespassers will be prosecuted' and don't refer to specific legislation, then it might not be a site where trespassing is an offence. Just a guess though, since I don't actually know the site.

And if it is a restricted site (MOD, port, etc) then it would have to be clearly sign posted ... if it's not clear, then this could definitely work in your advantage. Take, for example, the Ship and Port Facility (Security) Regulations 2004 (http://www.legislation.gov.uk/uksi/2004/1495/regulation/11/made) (emphasis mine):

Unauthorised presence in a restricted area of a port facility

11.—(1) A person shall not—

(a)go, onto or into any part of a restricted area of a port facility except with the permission of the port facility security officer or a person acting on his behalf, and in accordance with any conditions subject to which that permission is for the time being granted, or

(b)remain in any part of such a restricted area after being requested to leave by the port facility security officer or a person acting on his behalf.

(2) Paragraph (1)(a) shall not apply unless it proved that, at the material time, notices stating that the area concerned was a restricted area were posted so as to be readily seen and read by persons entering the restricted area.

(3) A person who contravenes paragraph (1) without lawful authority or reasonable excuse is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) A constable, or the port facility security officer, or a person acting on behalf of the port facility security officer, may use such force as is reasonable in the circumstances to remove from a restricted area a person remaining in it in contravention of paragraph (1)(b).

Hope that helps a bit. :)

[True_British_Metal]

...PM'd

[Ordnance]

The 'site' is indeed Crown Property under the Home Office (DoE now 'own' it) and no longer under MoD control with Private Security and has no particular Bye Laws or listing under SOCAP (which mainly covers protests not security of govenment industrial sites) so is the same as any other occupied industrial site. If you know the site it is an admin area with a large open training ground.

Read into that what you will.

[True_British_Metal]

Ordnance, OT and Chiroptera thank you so much for your advice. I'm now far more comfortable with doing it!

[chiroptera]

No problem :)

Looking forward to the report. :thumb

[PickleB]

Fascinated by this subject, so I have tried to make up a list of SOCAP sites. I think it is complete.

The following are designated as protected sites:

85 Albert Embankment, London
Buckingham Palace, London
Ministry of Defence Main Building, Whitehall, London
Old War Office Building, Whitehall, London
St James's Palace, Cleveland Row, London
Thames House, 11 and 12 Millbank, London
The Chequers estate, near Aylesbury, Buckinghamshire
10 - 12 Downing Street site as well as 70 Whitehall
Government Communication Headquarters (GCHQ), Harp Hill, Cheltenham
GCHQ, Hubble Road, Cheltenham
GCHQ, Racecourse Road, Scarborough, North Yorkshire
GCHQ, Woodford, Bude, Cornwall
Highgrove House, Doughton, Gloucestershire
Palace of Westminster and Portcullis House site, London
Sandringham House, Norfolk
Windsor Castle, Berkshire

Protected Ministry of Defence sites

HMNB Clyde
RNAD Coulport
Northwood Headquarters
RAF Flyingdales
RAF Menwith Hill
RAF Croughton
RAF Lakenheath
RAF Feltwell
RAF Mildenhall
RAF Brize Norton
SMC Marchwood
RAF Fairford
RAF Welford

Protected nuclear sites

Civil sites:

Sellafield, Cumbria
Dounreay, Scotland
Capenhurst, near Chester
Drigg, near Sellafield
Harwell, near Oxford
Springfields, near Preston
Windscale, within Sellafield
Winfrith, near Wool in Dorset
GE Healthcare sites in Amersham and Cardiff
London University's Imperial College of Science and Technology site in Ascot, Berkshire
Berkeley, near Bristol
Scottish Universities Environmental Research Centre at Birniehill, East Kilbride

... and the following nuclear power station sites:

Chapelcross, Dumfriesshire
Dungeness A and B, Kent
Hartlepool, near Middlesborough
Heysham 1 and 2, Lancashire
Hinkley Point A and B, Somerset
Hunterston A and B, Ayrshire
Oldbury, near Bristol
Sizewell A and B, Suffolk
Torness, East Lothian
Bradwell, Essex
Calder Hall, within Sellafield
Wylfa, on Anglesey
Trawsfynydd, Dolgellau, Wales

Defence sites:

Atomic Weapons Establishments sites near Aldermaston and Burghfield, Berkshire
Devonshire Dock Complex, Barrow-in-Furness, Cumbria
Devonport Royal Dockyard, Plymouth
Rolls Royce Neptune site and Nuclear Fuel Production Plant in Derby
Rosyth Dockyard, Fife

[Bone]

Protected Ministry of Defence site
HMNB Clyde
RNAD Coulport
Northwood Headquarters
RAF Flyingdales
RAF Menwith Hill
RAF Croughton
RAF Lakenheath
RAF Feltwell
RAF Mildenhall
RAF Brize Norton
SMC Marchwood
RAF Fairford
RAF Welford

Lakenheath and Mildenhall are both USAF bases, don't they have their own rules?

[One Flew East]

.

[Ordnance]

Any site protected under Section 128 of the Serious Organized Crime and Police Act 2005 (SOCPA) should have clearly displayed signs at prominant locations on its perimiter informing the public of the fact.

Sections 128 to 131 introduced a new offence of Criminal Trespass on sites designated by the Secretary of State.

This example is on the rear fence to Buckingham Palice:

http://www.naviquan.com/html/img/000022F6/london_buckingham_palace_10b.jpg

There are four categories for protected sites, and only sites which meet these criteria can be designated. These are:

· Crown land;
· Land privately owned by the Queen or the Prince of Wales
· Land which requires the designation on the grounds of national security;
· Licensed nuclear sites.

Two individuals were arrested on 1 April 2006 at RAF Menwith Hill and a further eight were arrested on 2 October 2006 at RAF Lakenheath under this legislation.

No individuals have yet been convicted of trespass under this legislation.

Note - American Military Bases in the UK are leased from the MoD and are covered by UK Laws and the Visiting Forces Act 1952 which covers its personnel. Unlike an Embasy.

[PickleB]

... Lakenheath and Mildenhall are both USAF bases, don't they have their own rules?

They are firstly RAF stations and UK territory, so it is the UK law of trespass that has to be applied ... just a it is UK law that applies to the interaction of the USAF with those of us outside the site.

It was a little unexpected to find RAF stations with .mil.af (ie US military) web addresses: www.lakenheath.af.mil & www.mildenhall.af.mil.

There are other RAF stations occupied by the USAF that do not appear on MOD's list of 'protected' sited (MOD SOCAP webpage (http://www.mod.uk/DefenceInternet/MicroSite/DIO/OurPublications/Byelaws/ByelawsSeriousOrganisedCrimeAndPoliceActsocap.htm) ) so it would seem that such status is only applied under particular circumstances.

[True_British_Metal]

If a site is owned by Qinetiq, which is the privatised MOD is it still criminal?

[mookster]

If a site is owned by Qinetiq, which is the privatised MOD is it still criminal?

Not really - DERA was split into QinetiQ and the DSTL with QinetiQ the private defence arm. I've been caught trespassing on QinetiQ land and the official QinetiQ guards from security's head office who caught us were a couple of the nicest blokes I've had an explore ended by.

[PickleB]

:)If a site is owned by Qinetiq, which is the privatised MOD is it still criminal?

Not really - DERA was split into QinetiQ and the DSTL with QinetiQ the private defence arm...

I don't think any Qinetiq sites are listed as SOCAP sites, so I agree that 'it's not really criminal'.

It may be relevant that Quinetiq sites can still be owned by MOD. Wiki says (see link (http://en.wikipedia.org/wiki/Qinetiq#Operations)) "Qinetiq has a 25-year agreement with the UK Ministry of Defence (MoD) to provide test and evaluation services and manage military ranges" and "Qinetiq has a 15-year agreement with the MoD ... to provide ... [various facilities listed] and shock testing facilities at Rosyth."

I can't see MOD selling off its ranges even if Qinteq operates them. Rosyth is a listed site but it's operated by MOD and so must have a Qinetiq 'enclave'.

Note that AWE Aldermaston is a civilian GOCO (Government owned, contactor operated) site ... and that's definitely on the list! :)

I'm pleased to hear that the Quinetiq guards 'were a couple of the nicest blokes I've had an explore ended by'. MOD Plod can be nice guys too, but some may take things a bit too seriously. :( So it may depend upon who you meet ...

[mookster]

It could have ended doubly badly for us as the site was in extreme proximity to a large-ish airport, but as it happens it all ended pleasantly and it even looked very briefly like they would let us continue on our explore:eek:

[750XL]

Hi all,

I may have a potential lead but I'd just like to ask a quick question beforehand.

I understand that trespassing on a commercial airport is not 'common trespass' and the consequences of being caught are far more serious, but does anyone know at what point you cross the boarder of 'common trespass'? Is it the physically airport boundary fence, as soon as you step onto airport 'land' or other?

Thank you,

750XL

[mookster]

I would have thought it would be as soon as you cross the border from 'public' land to the 'private' land of the airport. The whole airport site would be covered by the different laws.

[PickleB]

... I understand that trespassing on a commercial airport is not 'common trespass' and the consequences of being caught are far more serious ... does anyone know at what point you cross the boarder of 'common trespass'?

To give you an idea, have a read of this article: link (http://news.bbc.co.uk/1/hi/scotland/glasgow_and_west/6941140.stm).

So, it seems you have to pass a warning sign, but note that the legislation is the Civil Aviation Act of 1982 (and not 1992 as mentioned in the BBC's article). Section 39 of that Act says:

Trespassing on licensed aerodromes

(1) Subject to subsection (2) below, if any person trespasses on any land forming part of an aerodrome licensed in pursuance of an Air Navigation Order, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) No person shall be liable under this section unless it is proved that, at the material time, notices warning trespassers of their liability under this section were posted so as to be readily seen and read by members of the public, in such positions on or near the boundary of the aerodrome as appear to the court to be proper.

Hope this helps ...

[chiroptera]

I understand that trespassing on a commercial airport is not 'common trespass' and the consequences of being caught are far more serious, but does anyone know at what point you cross the boarder of 'common trespass'? Is it the physically airport boundary fence, as soon as you step onto airport 'land' or other?


It has to be clearly signposted though, found this article about protesters who had trespass charges dropped because signs at the airport didn't clearly state it was an offence to trespass there: http://news.bbc.co.uk/1/hi/scotland/glasgow_and_west/6941140.stm

That said, personally I don't think I'd risk trespassing at an airport, don't want to get our flat searched ... my flat mates would certainly not appreciate that. :rolleyes:

[750XL]

Thanks for the replies, that helps clear things up a bit :thumb

[Ordnance]

Duplicate Post - Sorry

[Ordnance]

I think a sign at every legitimate access point (e.g. Fire Gates) and at regular intervals around the perimeter covers the meaning of the act.

It is interesting to see the case was in Scotland, where trespass law is different to England to start with!

[PickleB]

... It is interesting to see the case was in Scotland, where trespass law is different to England to start with!True ... but the Civil Aviation Act 1982 applies in Scotland as it does in England and Wales. "Air transport" is a matter reserved for the UK Parliament and is not devolved to Scotland. So, while the Courts may be different, this law and its application should be consistent both north and south of the border.

[True_British_Metal]

Does anyone know about the former RAF Throckmorton? It's a Qinetiq site, disused but still comissioned and used for military and police training. Reason I'm asking is because there's some stuff there I'd like to see.

[PickleB]

Does anyone know about the former RAF Throckmorton? It's a Qinetiq site, disused but still comissioned and used for military and police training. Reason I'm asking is because there's some stuff there I'd like to see.
It doesn't appear on the list of SOCAP sites and if it's not still an airfield, then what's to "know"?

Are there warning signs on the perimeter or at the entrance? If there are ... what do they say?

I think you're talking about a site that is better known as Pershore ... certainly as a Qinetiq site. I'm not too sure what you mean when you say it's "still comissioned".

[True_British_Metal]

So no idea then. It is Pershore yeah. I just read it's still comissioned.

[Floox]

What would the consequences for criminal trespass be for a minor?

[MJS]

60 hours of dry bumming

[Serenity]

Depends where you go and what type Floox, and don't forget if you did have anything placed on your record certain bits are wiped at 18 depending on what it was. I.e. manslaughter or murder would.remain I'm there.

[kachangas]

Just wondering if anyone knows about much difference between the UK trespassing laws and Scottish trespassing laws - except from that 'causing annoyance' clause as mentioned?

[chiroptera]

Just wondering if anyone knows about much difference between the UK trespassing laws and Scottish trespassing laws - except from that 'causing annoyance' clause as mentioned?

Like in England, simple trespassing isn't an offence.

Some things that are different:

In Scotland, it's the police who decide to charge people. They would submit a report to the procurator fiscal who then makes a decision how to proceed (drop the charges, warning, fiscal fine, take it to court).

And in Scotland (unlike in England), Breach of the Peace is a criminal offence, so you could get charged with that. Other possible charges could be Sect. 38 Criminal Justice and Licensing (Scotland) Act 2010: "Abusive or Threatening Behaviour" (aka statutory BoP) or Sect. 57 Civic Government (Scotland) Act 1982: "In building with intent to steal".

But even if you get charged it's very very very unlikely that it would go to court. If you're unlucky you might end up with a fiscal fine but that's about it. :)

Also, "going equipped" is not an offence in Scotland. :thumb

[kachangas]

Like in England, simple trespassing isn't an offence.

Some things that are different:

In Scotland, it's the police who decide to charge people. They would submit a report to the procurator fiscal who then makes a decision how to proceed (drop the charges, warning, fiscal fine, take it to court).

And in Scotland (unlike in England), Breach of the Peace is a criminal offence, so you could get charged with that. Other possible charges could be Sect. 38 Criminal Justice and Licensing (Scotland) Act 2010: "Abusive or Threatening Behaviour" (aka statutory BoP) or Sect. 57 Civic Government (Scotland) Act 1982: "In building with intent to steal".

But even if you get charged it's very very very unlikely that it would go to court. If you're unlucky you might end up with a fiscal fine but that's about it. :)

Also, "going equipped" is not an offence in Scotland. :thumb

Extremely helpful - many thanks!
Now I know how to deal with that goon... :cool:

[chiroptera]

Extremely helpful - many thanks!


No worries :)

[kachangas]

Criminal Trespass: One type of this offence applies to a specific list of sites, including defence sites, nuclear power stations and royal palaces. The full list can be found here (http://www.legislation.gov.uk/uksi/2007/930/contents/made). Another type applies to sites where bye-laws forbid trespass - these include MOD property, railway property, and perhaps other sites like power stations. There is no centralised list of bye-laws, unfortunately, but this site (http://www.mod.uk/DefenceInternet/MicroSite/DE/OurPublications/Byelaws/RegionalMapV4.htm) lists MOD bye-laws. A third type of criminal trespass applies to Sites of Special Scientific Interest.
From an urbex point-of-view, it is a good idea to stay away from any active military, nuclear, royal, utility or railway property - pretty much common sense.


I heard you mentioning something about criminal trespass including active utility property

So I am wondering how does draining in culverts/sewers come into that? Can drainers get prosecute for illegally entering drains because of that? :confused

[chiroptera]

I heard you mentioning something about criminal trespass including active utility property

So I am wondering how does draining in culverts/sewers come into that? Can drainers get prosecute for illegally entering drains because of that? :confused

I'd guess active utility property refers to things like water treatment works and not culverts/sewers?

Besides, if it's criminal trespass you'll find signs at the site stating the relevant legislation and saying it's an offence to trespass there. No signs = no problem :thumb

[kachangas]

I'd guess active utility property refers to things like water treatment works and not culverts/sewers?

Besides, if it's criminal trespass you'll find signs at the site stating the relevant legislation and saying it's an offence to trespass there. No signs = no problem :thumb

Thanks again Chiroptera!

I wonder if they put up trespass prosecution signs outside Buckingham Palace or something... :rolleyes: :popcorn

[Serenity]

Thanks again Chiroptera!

I wonder if they put up trespass prosecution signs outside Buckingham Palace or something... :rolleyes: :popcorn

That goes without saying.